Brand new $2 hundred, notice kept from the Boundary Lender was unsecured
¶ 8 The newest Court off Civil Is attractive precisely seen that the $85, shape to your worth of the house was at the new large stop of your guess made by Mr. Robey, who’s from the real estate industry. Mr. Robey and additionally affirmed the home is resold for $71,, and this matter this new demo legal was absolve to take on much more a sign away from market value. Correctly, you to judgment is actually supported by the evidence exhibited, and won’t by any means contradict the fresh findings of fact of the demo judge.
¶ 9 The fresh Robeys as well as demand the demo legal erred during the declining so you can honor them an enthusiastic attorney’s payment. They argue that as conclusions of fact were “a fair attorneys commission become set by Courtroom on right application” that legal must award the new attorney’s fee. The new demonstration legal appear to reconsidered you to prize just like the log entryway declined brand new Robeys an attorney’s commission. The brand new Judge regarding Municipal Is attractive verified.
First Federal Lender, 1970 Okay 162, 475 P
¶ 10 Brand new Robeys allege he’s eligible to an enthusiastic attorney’s payment pursuant so you’re able to 42 O.S.2001, § 176, that provides: “From inside the an action brought to impose people lien brand new team to own who view is rendered is eligible to get well a fair attorney’s payment, to-be repaired of the judge, hence will likely be taxed since can cost you in the step.” The latest Robeys dispute the step facing Long Seashore is for starvation of the statutory right due to the fact lienholders to help you get the property, that produces the experience one impose good lien.
¶ eleven Name 42 O.S.2001, § 19 will bring this who’s got a good lien that is second-rate to a different for a passing fancy possessions enjoys a straight to receive the property in the sense as the proprietor you are going to, in the premium lien. The Robeys had the statutory directly to get the home out-of A lot of time Seashore. Brand new Robeys was in fact granted injuries from the demo judge due to the fact A lot of time Seashore got notice it said an excellent lien regarding the assets. several O.S.2001, § 764(A)(1). Whenever A lot of time Beach didn’t promote find of the foreclosures and you can purchases, they stopped new Robeys off redeeming the property. Men and women liberties is statutory occurring out of the lien brand new Robeys got resistant to the property.
The brand new senior lienholder intervened and properly mainly based the new concern of the lien
¶ 12 Enough time Coastline measures up the information in this situation to Frontier Fed. Sav. and you can Financing Ass’n vmercial Bank, 1990 Ok CIV Software 105, 806 P.2d 1140. If so, two banking institutions stored cards made by an identical debtor. This new $30, note stored by Industrial Lender are secure by most other commercial report, that was as well as inside the standard. Financial institutions independently sued the brand new debtor, and immediately following getting judgment, Industrial Financial offered the fresh equity during the sheriff’s product sales, with observe in order to Frontier. Frontier objected, however, did not notice regarding the confirmation order. payday loans AZ Frontier next submitted several other step, claiming which held a properly-mastered defense need for the fresh collateralized commercial paper from the advantage regarding a post-wisdom garnishment continuing, and you may sought for genuine and you may punitive damage having losings obtain through Commercial Bank’s commercially-unreasonably acts. Brand new trial court influenced and only Industrial Lender, but denied Commercial’s application for a keen attorney’s payment under § 176. The newest Court of Is attractive confirmed, accepting that the suit wasn’t you to definitely demand a great lien, that Frontier Lender actually had no lien with the collateralized industrial paper. Alternatively, the fresh new Robeys had good lien towards the real property foreclosed by Enough time Coastline.
¶ 13 The fresh new Frontier circumstances cites so it Court’s decision overall Electronic Borrowing Corp. v. 2d 137, due to the fact power for the carrying. Overall Electronic, new junior lienholder prosecuted the main debtors. The brand new older lienholder following made an effort to assemble an attorney’s payment regarding the brand new junior lienholder. Brand new demonstration legal refused the fee, which Courtroom affirmed, observing the lienholders had not affirmatively asserted the says facing each other, but instead just from the debtor. General Electronic, 1970 Okay 162, ¶ 8, 475 P.2d in the 138. The latest Robeys features asserted its allege against Long Coastline, and that distinguishes this case out of Standard Digital.